A jailed killer has sued after a prison ran out of breakfast waffles and served peanut butter sandwiches instead.
Iatonda Taylor, aged 44, of Michigan, who is serving life in prison, also complained in the lawsuit that inmates at Bellamy Creek Correctional Facility were served reconstituted scrambled eggs when grilled cheese sandwiches ran out.
Taylor alleged the menu substitutions for waffles put Bellamy Creek at risk for a prisoner riot in May, leaving him in risk of injury beyond nutritional deficiency, the Grand Rapids Press reported.
A federal judge dismissed his lawsuit against the Michigan Department of Corrections former food-service provider, Aramark, saying he failed to show his constitutional rights were violated.
Taylor, who was convicted in the 2006 stabbing death of his brother Moise Taylor, said he now lives in constant fear of a riot, according to the newspaper.
He said the near-riot that took place on May 2 resulted in prisoners threatening they would not move unless more waffles were brought to the prison from a nearby store.
U.S. District Judge Paul Maloney in Kalamazoo said in his 11-page opinion dismissing the case that Taylor has a right to personal safety but he would have to show reasonable fear for his safety was justified.
The judge also dismissed a claim that prisoners were deprived of essential nutritious food, the newspaper reported.
Taylor will be required to pay a $505 filing fee if he decides to appeal.
Read More: Convicted Killer Sues Over Waffles and Grilled Cheese. Here’s How a Judge Reacted.
